BREAKING NEWS! Protecting Your Law Practice: FBI Chief Cautions Congress Against Impending Chinese Cyberattacks.

FBI Director Christopher Wray TESTIFYING before the House China Committee.

On January 31, 2024, FBI Director Christopher Wray testified before the House China Committee. He warned about an ongoing Chinese hacking threat against the United States' crucial infrastructure, including water treatment, energy, transportation, and communications. In an era where cyber threats are becoming increasingly sophisticated and pervasive, the legal profession has become a prime target for malicious actors seeking to gain unauthorized access to sensitive information. Lawyers should take note as the Federal Bureau of Investigation (FBI) has been sounding the alarm on the growing concern of Chinese cyberattacks specifically targeting law firms.

The motives behind these cyberattacks are multi-fold. China's government-backed hackers often seek strategic advantages by acquiring insights into pending litigation or business deals involving American companies. By gaining access to confidential attorney-client communications or negotiating strategies, they can undermine negotiations or influence outcomes in favor of Chinese entities. Furthermore, the stolen intellectual property can be leveraged by Chinese corporations to be used as a blueprint for developing competitive products without incurring research and development costs. This unfair advantage undermines American businesses' ability to compete fairly in global markets and jeopardizes industries vital for national economic growth.

You might believe that your firm is safe from hacking by foreign governments because of its size or the specific legal field you specialize in. However, if any of your clients are targets of interest to hackers, your firm's data could also be at risk.

In order to safeguard your practice and client data, it is essential to adhere to key recommendations provided by the FBI:

Government sponsored cyber attacks can target even the smallest law firm!

  • Enhance Cybersecurity Infrastructure: Strengthening your practice's cybersecurity infrastructure should be a top priority. Implement multi-factor authentication for all devices and systems accessing sensitive information. Regularly update software programs, operating systems, and antivirus solutions to ensure they are equipped with the latest security patches. Additionally, consider employing a robust firewall and intrusion detection system to monitor network traffic and identify potential threats.

  • Conduct Regular Security Assessments: Perform periodic security assessments of your practice's IT infrastructure to identify vulnerabilities or weaknesses that could be exploited by cybercriminals. Engage reputable cybersecurity firms or consultants who specialize in conducting comprehensive assessments of networks, applications, and databases. These assessments will help you identify potential entry points for hackers and develop strategies to mitigate risks effectively.

  • Invest in Employee Training: The human element remains one of the weakest links in any organization's cybersecurity defense system. Train your staff on best practices for identifying phishing attempts, recognizing suspicious emails or attachments, using strong passwords, and practicing safe browsing habits online. By raising awareness among employees about potential cyber threats and providing them with the necessary knowledge to respond appropriately, you can significantly reduce the risk of successful attacks.

EMployee training can be one of your first lines of defense against cyber attacks!

  • Implement Data Encryption Measures: Encrypting sensitive data is an effective way to protect it from unauthorized access during transmission or storage. Utilize encryption tools across all communication channels within your practice – including email correspondence – as well as when storing files on local or cloud-based servers. Encryption ensures that even if cybercriminals gain access to your data, it remains unreadable and unusable to them.

  • Regularly Back Up Data: Implement a robust data backup strategy to ensure you can recover critical information in the event of a cyberattack or system failure. Regularly back up all client files, case documents, and other important data to an off-site location or cloud-based service. Test the restoration process periodically to verify the integrity of your backups and guarantee their availability when needed.

  • Establish an Incident Response Plan: Prepare for potential cyber incidents by developing a comprehensive incident response plan. This plan should outline the steps your practice will take in the event of a breach, including who should be notified, which authorities should be contacted, and how affected clients should be informed. By having a well-defined response plan in place, you can minimize damage and ensure timely action during high-stress situations.

The warning issued by FBI Director Christopher Wray underscores the urgency for legal practitioners to fortify their practices against these malicious actors. By prioritizing cybersecurity measures, fostering a culture of awareness, and collaborating with law enforcement agencies like the FBI, lawyers can better protect themselves and their client's interests and uphold the integrity of the legal profession in an increasingly digital world.

My Two Cents: Harnessing The Power Of Podcasting: How Lawyers Can Benefit From A Podcasting Marketing Strategy - Why I went to Podfest 2024!

My third attendnace at Podfest coincide’s with it's 10th Anniversary!

In today's digital age, where attention spans are shorter than ever, finding innovative ways to engage with potential clients is crucial for lawyers and legal professionals. One such method that has gained significant traction in recent years is podcasting. By leveraging the power of podcasting, legal professionals can effectively reach their target audience, establish themselves as thought leaders in their respective fields, and ultimately grow their client base.

Podcasting offers a unique opportunity for lawyers to connect with their audience on a more personal level. Unlike written content or video, podcasts allow listeners to tune in while multitasking or during their commute. This convenience factor makes it easier for lawyers to capture the attention of busy professionals who may not have the time or patience to read lengthy articles or watch videos.

Furthermore, podcasts provide an avenue for lawyers to showcase their expertise and knowledge in a conversational manner. By hosting a podcast or appearing as a guest on relevant legal podcasts, attorneys can discuss current legal issues, share insights into complex cases, and offer practical advice to listeners. This not only helps lawyers build credibility but also establishes them as trusted authorities in their areas of specialization.

By consistently producing high-quality podcast content related to their practice areas, lawyers can attract a dedicated audience of potential clients who are genuinely interested in what they have to say. These listeners may be seeking specific legal services or simply looking for informative content related to the law. In either case, by providing valuable insights through podcast episodes, attorneys can position themselves as go-to resources within their niche.  (Lawyers can also host and appear on podcasts for topics outside their practice area; sometimes being an authority in another area translates to the listener that you may be an authority in the area of law your practice.)

Additionally, podcasting offers an opportunity for lawyers to network and collaborate with other industry professionals. Attending events like Podfest 2024 allows legal professionals not only to gain insights from experienced podcasters and producers (e.g., finding the right hardware, learning how to use podcasting software, how to offload some or all of the production, how to repurpose your podcast in other social medial platforms, using LinkedIn to promote your podcast and your brand ... ) but also connect with influential individuals within the industry who may become valuable referral sources or even potential clients themselves - I ended up giving out my work business card so often that I ran out of card!

Another significant advantage of podcasting is its ability to enhance search engine optimization (SEO) efforts. Podcast episodes can be transcribed and turned into written content, which can then be published alongside the audio file on a website or blog. This multimedia approach not only caters to different types of audience preferences but also improves the discoverability of the podcast through search engines and improves your own SEO.

By incorporating relevant keywords into podcast titles, descriptions, and transcripts, lawyers can increase their online visibility and attract organic traffic to their websites.

Group photo from Podfest 2024 VIP Business Podcaster Mastermind Session
Thank you @Joe Fier for a great Roundtable!!!

Harnessing the power of podcasting can be a game-changer for lawyers and legal professionals looking to expand their reach and build a strong online presence. By engaging with potential clients in a personal and informative manner, attorneys can establish themselves as trusted authorities within their fields while attracting a dedicated audience that may ultimately convert into valuable clients. With its unique ability to reach busy professionals on-the-go and enhance SEO efforts, podcasting is an effective marketing strategy that should not be overlooked by legal professionals seeking growth in today's digital landscape.

I hope to see you at the next Podfest or maybe at the 2024 Podcast Movement held in DC this August 2024!

MTC!!!

Monday Morning Humor: Was Lawyer's Life Simpler w Landlines? 🙃

Remember when phones were leashed to walls, like this museum relic? Ah, the simpler times! No notifications, just the thrilling gamble of who's on the other end. Life was easier, or maybe we were just less available. Either way, this rotary phone's silence is almost poetic, isn't it? 🤪

Episode 81: Navigating The Future of Legal Tech with Filevine's Emily Lippincott

Today's guest, Emily Lippincott, is a Legal Futurist at Filevine, a premier legal work platform serving law firms and businesses throughout the United States and Canada. With over 16 years of legal experience in Silicon Valley, encompassing roles in in-house and law firm settings, Emily brings a wealth of expertise to her role. Moreover, her background includes counseling corporate clients through various stages, from inception to public offering or acquisition.

Throughout the conversation, Emily illuminates for lawyers pathways to efficiency, accessibility, and excellence. Join us as she navigates the intricate web of tomorrow's legal tech landscape, shaping the future of the practice of law with insight and expertise. Let's unlock the secrets to efficiency, innovation, and success in the digital age!

Join Emily and me as we discuss the following three questions and more!

What are the top three factors a lawyer should consider when vetting new hardware for their practice so that they are not only cutting edge but future-proof?

What are the top three things lawyers are still getting wrong with their hardware and software technology in their law practice?

What are the top three ways lawyers can use AI in their practice?

In our conversation, we cover the following:

[01:07] Emily's Tech Setup

[06:25] Essential Considerations for Lawyers Embracing Innovation

[14:20] Common Pitfalls and Potential Solutions

[27:43] Maximizing AI in Legal Practice: Three Key Applications

Resources:

Connect with Emily:

LinkedIn: linkedin.com/in/emilylippincott/

Hardware mentioned in the conversation:

  1. Audio-Technica AT2020PK Microphone: audio-technica.com/en-us/at2020pk

  2. Dell Curved Monitor: dell.com/en-us/lp/curved-monitors

  3. Logitech Litra Glow: logitech.com/en-us/products/lighting/litra-glow

  4. Logitech Stream Cam: logitech.com/en-us/products/webcams/streamcam

  5. Macbook Pro with M1 Chip: support.apple.com/en-us

  6. Rubber Tips for Apple Pencil: apple.com/shop/product

  7. Scarlett Solo: us.focusrite.com/products/scarlett-solo

Software, Apps, & Cloud Services mentioned in the conversation:

  1. 1Password For Chrome Extension: 1password.com/resources/guides/1password-for-google-chrome/

  2. 1Password: 1password.com/ 

  3. Apple Pages: apple.com/pages/

  4. Backblaze: backblaze.com/

  5. Camelcamelcamel: camelcamelcamel.com/

  6. Capital One app: capitalone.com

  7. Filevine Immigration AI: filevine.com/platform/immigrationai/

  8. Filevine: filevine.com/

  9. GoodNotes goodnotes.com/

  10. Google One: one.google.com/overview/

  11. Mac Updater: corecode.io/macupdater/

  12. MacOS Sonoma: apple.com/macos/sonoma/

  13. Microsoft Outlook plugin: support.microsoft.com/en-us/office/use-add-ins-in-outlook

  14. WordPerfect: wordperfect.com/en/

  15. Zscaler: help.zscaler.com/

SHOUT OUT! Discover The Future Of Lawyering: Join The Tech Savvy Lawyer At The 2024 ABA Techshow In Chicago

Come out to the ABA Techshow 2024  in Chicago, IL from February 14-19.  Here, you'll learn new technology being utilized in the practice of law.  As the legal profession has witnessed a remarkable evolution for the marriage of law and technology, lawyers need to keep up to date on these rapid advancements in technology. The ABA TECHSHOW 2024 offers a comprehensive schedule that spans several days, focusing on the intersection of technology and the legal profession both from a functional and ethical perspective.

Please say hello if you see me at the conference!

From the "Start-Up Pitch Competition" of 15 startups who " ... will face off in a pitch competition – judged by TECHSHOW attendees – to pick the most innovative startup for the year," to previous podcast guests talking about subjects near and dear to them including - Brett Burney (Winning Trial with TrialPad), Daniel Siegle (Using PDFs and Adobe Acrobat in Your Law Office), Judge (retired) Herbert B. Dixon, Jr. (Artificial Intelligence (AI) powered Large Language Model (LLM) technology - Disruption of the Legal Profession Has Just Begun), Nicole Black (Small Firms, Big Impact: Tech-Inspired Marketing Strategies for Modern Law Practices), Tom Martin (.AI, Legal Tech Investment and Regulation) and more, there will be much to learn!  There will be plenty of discussions on the on the ethical application of AI in legal practices. Additionally, the vendor floor will be bustling with numerous legal-tech companies, eager to engage in conversations and showcase their latest innovations.

I hope to see you at the TECHSHOW!

😀

Be sure to say "Hi"!

😀

I hope to see you at the TECHSHOW! 😀 Be sure to say "Hi"! 😀

My Two Cents: The Future Of Lawyering: Exploring The Impact Of Apple's Vision Pro On Legal Professionals!

Has Apple's new Vision Pro created a breakthrough in augmented reality for the legal profession in the business world?

As legal professionals strive to enhance efficiency, improve client service, and streamline workflows, we increasingly turn to innovative technological solutions. One such solution that has generated significant interest within the legal community is Apple's Vision Pro.

Apple's Vision Pro is an augmented reality (AR) device developed by the tech giant, specifically focusing on aiding professionals in various fields. This cutting-edge device combines advanced optics, powerful processing capabilities, and seamless integration with Apple's ecosystem to deliver an immersive AR experience. While initially targeted at creative industries such as design and architecture, legal professionals are now exploring its potential applications within their own domain.

Apple’s new vision Pro
© Apple

I can see how this kind of technology holds the potential to revolutionize courtroom presentations, transitioning from static displays to engaging, interactive 3D visualizations. Attorneys could employ this AR prowess to project dynamic reconstructions of crime scenes or accidents, offering juries and judges an unparalleled perspective into complex evidence. Beyond the courtroom, the Vision Pro can help and possibly improve the day-to-day work (especially for people with certain health conditions or impairments[1]). 

For example, Vision Pro's potential to redefine legal research and document review is significant. It should enable attorneys to overlay case law, statutes, or annotations onto physical documents, thereby integrating digital information into the tangible world and expediting the research process. Augmented related can help improve collaboration amongst staff or when conducting depositions – giving parties the “feeling” they are all in the same room despite being miles away from each other. 

Will apple’s vision pro take lawyers in a new direction for their trial work?

Apple’s Vision Pro should provide lawyers with file management similar to any other technological device.  It should give an attorney the ability to access ?all? of the web-based tools they need – research, law practice management platform, file storage, etc. (I put the "all" in question marks as we will have to see if the devices OS has any compatibility issues.) Apple’s Vision Pro OS provides similar security as it does for its other products.  So, maintaining privilege and confidentiality should not be an issue for lawyers. Does that mean you should run out to buy one? 🧐

The Vision Pro starts at $3,499.  And it only provides 256 GB hard drive.  The battery lasts two hours.  And it is brand new.  While Apple is known for making great products, sometimes it’s not always best to be first in line to buy a new Apple product -- just like Apple is known for not being the first to create a new type of product -- just a good product after it has had some time to review the competition.

I remember how excited I was to get my first ipad - but it was no laptop killer!🙄

I remember when the iPad came first out.  It was nice, but at the time, I could not afford one.  At the time, my mother was astonished I did not have one (as I explained, I had to prioritize my spending) and was gifted one soon after (thanks, Grandma Harriet!).  Are you ready to go out and buy more than a baker’s dozen for a jury, the judge, and court staff?

The iPad is a great device, but it never became the laptop killer some were hoping it would be.  Given the cost and newness of the device, I’ll wait for a few versions before I go out and get one.

(Unfortunately, Grandma Harriet is no longer with us. 🙁 But if anyone wants to buy me one, I won’t complain! 🥳)

[1] Editor’s note: This aspect of Vision Pro (and other augmented reality devices) is beyond this editorial's scope.

Are Lawyers At Risk? 🧐 How Relying On Smartphones May Impact Cognitive Health. 😬

In recent years, smartphones have become an indispensable tool for lawyers, aiding us in various aspects of our profession. However, as attorneys increasingly rely on these devices to perform our daily tasks, concerns about the potential impact on our cognitive health and mental well-being have arisen. Cognitive decline refers to the gradual deterioration of brain function over time, affecting memory, attention span, decision-making abilities, and overall cognitive performance. While aging is a natural contributor to cognitive decline, emerging research indicates that excessive smartphone use may exacerbate this phenomenon. For lawyers who depend on our mental sharpness and critical thinking skills to analyze complex legal cases and develop effective arguments, any factors that hinder cognitive function could be detrimental to our professional success.

overloading our brains due to smartphone use may have a negative impact on our cognitive Health!

One of the primary concerns regarding smartphone usage is its potential to contribute to cognitive overload among lawyers. With constant access to emails, messages, notifications, and a myriad of other applications, lawyers are often bombarded with information throughout the day. This continuous influx of data can lead to cognitive overload, making it difficult for lawyers to focus on important tasks, ultimately impacting our mental well-being. The irony cannot be ignored, given that many attorneys were already distracted before the incorporation of instantaneous information from our smartphones as we wait for that important phone call or letter (oftentimes only to be received the next day we return to our office to receive our overnight messages or our finally delivered USPS mail).

Studies have shown that excessive smartphone use can lead to decreased attention spans and reduced ability to concentrate for extended periods. Lawyers require a high level of concentration and attention to detail when working on complex legal cases. The multitasking behaviors promoted by smartphones may also harm a lawyer's cognitive performance in the long run. While juggling multiple tasks simultaneously might seem efficient at first, research suggests that multitasking can lead to decreased productivity and increased errors. Lawyers who are constantly switching between smartphone activities and legal tasks or just juggling multiple cases on our smartphones may experience cognitive overload. This may impair our ability to think critically and make sound decisions. This may also diminish our ability to quickly recall vast amounts of legal knowledge. If prolonged smartphone usage hampers these cognitive abilities over time, it could potentially jeopardize the quality of our work and increase our stress levels.

The “physics” and “stress” of late night smartphone use may have a negative impact on our health!

Smartphones have been found to disrupt sleep patterns due to increased exposure to blue light emitted by screens. Lawyers often work long hours and may be tempted to check work-related emails or engage in other professional activities using our smartphones late into the night. The negative impact on sleep quality can lead to fatigue and impaired daily cognitive function.

Then, there is the addictive nature of smartphones. Social media platforms, news apps, games - all these distractions can easily consume valuable time that could be spent engaging in activities that promote mental well-being, such as exercise or spending time with loved ones. For lawyers who already face demanding work schedules and high-stress levels inherent in our profession, addiction or over-reliance on smartphones may exacerbate these issues, leading to burnout and decreased mental well-being.

Finding daily balance and limits on our smartphone use at work may prove important to our smartphone use!

While smartphones undoubtedly offer convenience and productivity benefits to lawyers, it is crucial for legal professionals to find a balance between utilizing these devices effectively and protecting our cognitive health. Implementing strategies such as setting boundaries for smartphone use, employing time management techniques, and practicing mindfulness can help mitigate the potential negative effects on mental well-being. Recognizing these risks and adopting strategies to manage smartphone use effectively can help attorneys maintain our cognitive health while navigating the demands of our profession.

MTC

Happy Lawyering!

Episode 80: Where Are Lawyers And Law Students With Technology Today With Jonah Perlin.

Jonah Perlin, an Associate Professor of Law at Georgetown Law and former litigator at Williams & Connolly LLP, brings his expertise to today's The Tech Savvy Lawyer podcast episode. With his background in civil litigation, he launched the How I Lawyer Podcast in January 2021, aiming to share insights from legal professionals to law students and lawyers alike.

Jonah and I discuss how technology reshapes legal education, practice, and ethics. We further explore the importance of legal tech skills for law students in navigating the evolving job market. Additionally, we examine the integration of AI in legal education and research, acknowledging its potential and challenges. The discussion also addresses lawyers' underutilization of legal research tools and ethical concerns in technology use within law firms. Finally, we touch on specific legal tech tools and offer podcasting strategies for legal professionals!

Join Jonah and me as we discuss the following three questions and more!

  1. What are the top three tech skills all students should master by the time they graduate law?

  2. What are the top three tech tools that attorneys are under-utilizing today?

  3. What are the top three ethical mistakes attorneys are making with their technology?

In our conversation, we cover the following:

[01:23] A Law Professor's Tech Setup

[14:00] Observations on Law Students' Transition from Pre to Post-COVID

[19:54] Equipping Law Students with Essential Tech Skills for the Modern Legal Landscape

[33:21] Three Tech Tools Lawyers Should Embrace Today

[38:00] Ethical Tech Pitfalls in Legal Practice: Critical Insights and Solutions

[44:19] How I Lawyer Podcast: Exploring Legal Careers and Insights Through Conversations

[46:16] Essential Tech Tools for Starting a Podcast

[54:07] Connect with Jonah

Resources:

Connect with Jonah:

LinkedIn: linkedin.com/in/jonah-perlin

Podcast: howilawyer.com/

Substack: howilawyer.substack.com/

Hardware mentioned in the conversation:

Mac Mini: apple.com/mac-mini

MV7 - Podcast Microphone: shure.com/en-US/products

Tascam Headphones tascam.com/us/category/Headphones

Yeti microphone: logitechg.com/en-us/products

Software & Cloud Services mentioned in the conversation:

Calendly: calendly.com

Descript: descript.com

Fastcase: fastcase.com

LexisNexis: lexisnexis.com

Trello: trello.com